How to demand mahar as per muslim personal law in dissolution??
Tanaveer Loladia
(Querist) 26 April 2015
This query is : Resolved
dear sir,
my husband has send me out of matrimony house in june 2014.. without a single thing. my every smallest thing is in that house..
pwdva is pending in court maintenence not yet decided. judge ask to approach mediation centre. he want to divorce me by giving some lump sum amount.
he owns a manufacturing unit, lic policies, other bank statements, agriculture and horticulture land. true copy of this document my learned lawyer has already given in court and recorded.
now, i know during mediation also he will deny for reconcilement. he wish to give divorce.
1) how i can demand my DEFFERED MAHAR ??
2) my all articles are with him can i ask for all thing along with mahar.??
3) how MAHAR is decided by honourable court?? as he has healthy financial background..
kindly guide..
Advocate Kappil Cchandna
(Expert) 26 April 2015
Mam,
Meher us like depending on many factors, was in your case the Mehr already decided or not ?
File an FIR under section 406 for your property lying there ....
Warm Regards
Kapil Chandna Adv 9899011450
SAINATH DEVALLA
(Expert) 27 April 2015
Mahr is a mandatory payment, in the form of money or possessions paid by the groom, or by groom's father, to the bride at the time of marriage, that legally becomes her property.[1] While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling, some land. Mahr is typically specified in the marriage contract signed during an Islamic marriage.
What was his response to mediation ordered by the judge
Tanaveer Loladia
(Querist) 27 April 2015
initially he denied to mediation order. but, judge strictly ordered to opt for the same and then he signed the form.
mahar at the time of contract is just 2786 rs. not other thing as mahar.???
now at dissolution how can i demand reasonable mahar as his partnership deed, it returns, lic policy records, bank statements, gold details, argriculture and other lands documents true copy already submitted by my learned lawyer on judges desk...
so how mediation will response it totally depends upon his intention to agree...
but i want to be ready for the time of demanding mahar iddat arragements etcc.... how to move further..
Tanaveer Loladia
(Querist) 27 April 2015
i am mba and dist. topper in 2010. i have strong academic background. and other many achievements... now i am persuing law. i am in 2nd year....
how this will affect the amount of deffered mahar???
SAINATH DEVALLA
(Expert) 27 April 2015
U R still a student and unemployed.Though U have a good educational track, in future U have a chance to settle down in good profession.Nice to hear U are perusing law.Right now it may not effect the deferred mahar.Is only PWDVA pending or divorce is in process?
Tanaveer Loladia
(Querist) 28 April 2015
only pwdva is pending. he orally told infront of honourable judge that he want to divorce me. but judge ordered to approach mediation centre strictly. so some sought of reconcilement may take place.
as, per the matter difference of opinion is not between me and my husband but between me and my in laws as i am educated. so the quarrel is of this thing.
he loves me and wants me but he is under pressure of his parents about not to take me back. he follows their order.
divorce is not yet filed.
only pwdva is pending..
T. Kalaiselvan, Advocate
(Expert) 02 May 2015
The Mahr or Dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage. Even if the Mohammedan marriage is viewed as a contract between two parties the dower cannot be equated with the consideration for this contract. Nor should dower be confused with the Indian concept of dowry. Dower in Muslim law is an obligation imposed upon the husband as a mark of respect to the wife. It is a sum of money or property promised by husband to be paid or delivered to the wife in consideration of marriage and even where no dower is expressly fixed or mentioned at the marriage ceremony, the law confers the right of dower upon the wife. It is an essential incident to the status of marriage in Mohammedan law. An agreement to pay dower even before the marriage is valid and enforceable.
the dower amount if not paid, can be paid at the time of dissolution of marriage by divorce or upon death of the husband.
The Mahr or dower if not fixed earlier may be fixed at a later stage as per the status of the husband by the court.
As far as the articles held by him, if he refuses to return, you may lodge a complaint with the police who in turn will register FIR u/s 406 and prosecute him.
